Gym rant and help needed

[mouse goddess]

Some months ago I went into a Gold's Gym and looked into a temporary membership. I was told they only had 2 yr contracts, so I said I was walking.
The saleswoman, after some wheedling told me, that, as the contracts don't transfer to other locations, all I had to do was "tell them I'm moving" wink wink.

Foolish me, I didn't get it in writing, but I SWEAR the subtext was, "Sign up for this two year contract, but don't worry, it's really easy to get out of." She did literally say that all I had to do was call and say I was moving.

So, like a sucker I did.

I just tried to call, and they said I'd need to provide a new lease with my name on it, a new power bill with my name, or a new driver's license, all from a location 35 miles from the club, those were the only acceptable ways to get out of it.

A couple days later I tried a different (dirtier) tack. I called and told them that the medical bills and time constraints of taking care of my special needs kid were becoming too great, and I needed to quit. They told me that the only way they could break the contract was either a move, or a doctor's note showing my medical inability to use the facility. Not my kid's.

Both of these calls were to the financial company that does their billing.
Since then, I've spoken to the manager, and she claims that she can break the month to month contracts (which I was told didn't exist when I signed up) but not the long term ones...she's supposed to be contacting the owner and getting back to me, which is where I stand now.

Should I continue the "basic human decency" tack, and keeping using my daughter as an excuse?

Or should I call them out on their (hard to prove) shady business dealings when I was signed up?

[A Turtle Named Mack]

My recommendation is to threaten a suit for fraud. They made a false representation that only 2-year contracts could be had and a false implication (that the contract could be easily voided on a claim of moving). This is called 'fraud in the inducement' (you'll sound so prepared if you use a technical term). You can mention the possibility of a class action suit for all those who have been snookered into the longer contract on these representations. Also refer to punitive damages for the fraud. These 'big guns' should help.

The alternative is to rig up a lease with your name on it more than 35 miles from your house, possibly with the connivance, er, cooperation of parents or others - has to be someone who won't hold you to the terms, of course. Now, doing this is essentially a fraud just like the one that Gold's Gym pulled, but yours will be in writing. The advantage is that your judgment exposure would be the contract price and there are not many jurors that would stick you with punitive damages over trying to get out of a long-term gym contract because gyms have such a bad reputation for dirty dealing.

[Embra]

ETA: what a pain. Technically it's all "you should read the small print" and blah blah. But I think you made it clear in entering the contract that your signature was conditional upon being able to end it on notice. Doesn't that then become a term of the contract? (not legal advice, just wondering).

Are you paying for the membership by some kind of regular bank transfer (here it would be a direct debit or standing order: don't know if the same applies in the US)? Do you know the name of the sales person?

I would consider stopping payments for the membership, and tell the company exactly why. How likely are they to take steps to pursue you for breaking the contract, considering the bad publicity they might get if the matter actually came to a court hearing?

[Barbara]

It's sad to say, but I think you should do neither. You signed a two-year contract knowing fully well at the time of signing that it was a two-year contract. That further representations of the "nudge, nudge, wink, wink" variety were verbally made to you at the time of signing doesn't change that - you're supposed to know that what you and the other party will be bound by is stated in the written contract.

[Nick Theodorakis]

If the membership is transferable, perhaps you might be able to sell it to someone (although probably at a loss).

Nick

[rhiandmoi]

You should be able to break the contract with an early termination fee. Read the small print on whatever they gave you. Usually this has to be done in writing. Once you break the contract, you might be able to get someone to refund the termination fee if you call with a sad story. But right now CS Reps aren't able to authorize fee refunds as much as they used to be able to.

[damian]

Stop paying the bill and let them chase you for the money.

[Auntie Witch]

Originally Posted by Barbara

It's sad to say, but I think you should do neither. You signed a two-year contract knowing fully well at the time of signing that it was a two-year contract. That further representations of the "nudge, nudge, wink, wink" variety were verbally made to you at the time of signing doesn't change that - you're supposed to know that what you and the other party will be bound by is stated in the written contract.

Normally, I'd agree, but since signing this contract, mg has had a baby with some very specific, intense (and expensive) needs. I'd think that something along those lines would exempt her. After all, they'd qualify her from leaving work under FMLA, and why should a gym have stricter rules than an employer?

[Dr. Dave]

Originally Posted by Auntie Witch

After all, they'd qualify her from leaving work under FMLA, and why should a gym have stricter rules than an employer?

Look, my compassion is with MG, and I'd let her out without further questions if it was my gym. But teh logic in the quoted part makes not sense. FMLA is a law protecting workers. And, FWIW, her employer would not hav eto pay her, just can't terminate her. Plus it is limited to 12 weeks per year. And the question is backward- the federal government puts stricter rules on the employer than on the gym.

But all that is irrelevant because one is a workplace protection issue and the other is a voluntary contract with a business for a leisure activity. It would be like saying "we have a minimum wage law, so why can the steakhouse charge more than I can afford for prime rib?"

ETA: I reread and think I understand yor question. The answer is that the FMLA deals with employers, it does not exempt qualified individuals from all contracts. It is not an issue of gym versus employer.

[Beachlife!]

Anything verbal is irrelevent to the contract. In most states a written contract cannot be modifed verbally.

If you have plans to take it to court, or let them take it to court, I'd advise against any fraudulent actions on your part, it only strengthens their case against you.

I think you need to find out who is in charge their and setup a face to face meeting with whom ever that is. Explain your situation, be apologetic, and ask about a reasonable termination penalty if it gets to that point. If you have to, explain to them that you can't continue to pay the bill and remind them that it will be much cheaper to settle now then to take you to court.

[Bryan With a 'Y']

Originally Posted by Barbara

It's sad to say, but I think you should do neither. You signed a two-year contract knowing fully well at the time of signing that it was a two-year contract. That further representations of the "nudge, nudge, wink, wink" variety were verbally made to you at the time of signing doesn't change that - you're supposed to know that what you and the other party will be bound by is stated in the written contract.

Legally, while we're used to thinking of the thing we sign as the actual contract, it isn't. It's just evidence of a contract. The actual contract is the agreement between two parties of who does what to whom for how many cookies. So legally, technically, representations the saleslady made to MG, assurances she wouldn't have signed the paper without, might well be part of the actual contract.

Practically, however, there's much less difference between the written document and the 'actual contract,' in terms of what a court will enforce. There's incontrovertible evidence of that part, and only MG's word for the other part. Unfortunately, it's really easy, in contract law and elsewhere, to be legally in the right but have no practical recourse in the courts.

All of the above in the best of my non-bar-admitted understanding. Taking legal advice from me ought to lead to having your head examined. Void where prohibited. Hi, mom.

[Natalie]

I would try to escalate this issue within Gold's. Eventually you might consider what Consumerist calls an executive email carpet bomb (EECB).

Yes, you signed a 2 year contract that does not allow for cancellation. But you were misled by the sales person as to how those rules could be broken. Sales people frequently rely on tactics like these to sway reluctant customers. Gyms are especially notorious for this. They rely on trusting people to assume that the sales people are honest.

Take this as a lesson, as well. Business generally does not have your best interests in mind. You will be promised whatever it takes to make a sale.

If an offer isn't in writing, it doesn't exist. Frequently businesses will ignore things that are in writing, figuring if they continue to stonewall you, you'll just go away. In the future, always get it in writing or recorded (if you live in a state with single-party notification) and pretty much assume the sales person will lie to you. The profit model of gyms is often based on signing people up for lengthy contracts and assuming they will stop using the gym within a few months. They are still billed for several years even though they never use the gym.

You also might consider the YWCA if you're looking for a gym. AFAIK, they don't have contracts and there is only a slight discount for paying 1 year in advance.

ETA: As you escalate, be polite and professional at all times. That doesn't mean you can't inform them that the sales rep lied to you. But don't yell, don't swear, don't insult any of the customer service reps who help you. Aside from reasons of basic human dignity, being polite will get you more help faster.

[mouse goddess]

Oh NFBSK these guys.

I sent the manager an email, since she seemed to be ducking my calls, it basically mirrors the OP, asking for consideration about my situation, mentioning the dealings I felt were a bit shady, but emphasizing I just want consideration.

Here's the response

n regards to your account with Gold's Gym - Houston. I did contact the owner and present your case. After reviewing your case we have decided to stick to the rules of the contract. I am very passionate about fitness and belive that it can relieve stress and it also allows you to be a more healthier and active parent. If you need any assistants with your work out plan please let me know. I deal with alot of different reasons why I should let individuals like your self out of the terms of the agreement and all of them are as passionate as you are. Our goal is to help you change your life, reach your goals, and help you in any way possible. If you need to freeze your account for a little while I will be more then happy to do so, but just as our billing company stated to you the only reasons we allow for termination for In-Term contract is for move or medical reasons.

Ok, if you want to say "a contract is a contract, tough cookies" fine....but to couch it as some sort of condescending concern for me, and the advice that it'll make me a better parent??

[Dr. Dave]

Originally Posted by mouse goddess

.

Ok, if you want to say "a contract is a contract, tough cookies" fine....but to couch it as some sort of condescending concern for me, and the advice that it'll make me a better parent??

I juist want to say that before I got to your last line- while reading the email quote- I was thinking the exact same thing as you. Say "We have elected to stick with the contract. If you would like assistance with your workout, we offer that too. We also offer a suspension but not termination of the contract."

No need for the BS about helping you change your life.

[Beachlife!]

Any chance you know a doctor who will help you with maybe a slightly exagerated excuse? The more doctors your can work with the better. Just before my heart surgery, the director of the play I was in insisted I have a note from a doctor allowing me to be in the play. One doctor said no, and another said yes. I had three more line up, though the last two were relatives which would have made it more difficult.

[Natalie]

Originally Posted by mouse goddess

Ok, if you want to say "a contract is a contract, tough cookies" fine....but to couch it as some sort of condescending concern for me, and the advice that it'll make me a better parent??

If you decide to continue escalating, this article on the EECB may be useful. Hell, I'd add your complaint about this unprofessional reply letter to it as well. Overall, they are not doing good business - lying to you, ducking your calls, and then trying to guilt you into gym attendance is not what people want in a business.

[One-Fang]

Morally, ethically, and on the basis of common human decency, I'm with you. Legally, I'm with Barbara. You signed a two year contract. You knew it was a two year contract. You knew the "wink wink nudge nudge" way out was supposed to circumvent what was in it, thereby you knew exactly what was in it - that you can't do that. You assumed this person was telling you a truth. It's a requirement on YOU to read the contract before signing to confirm that truth.

Pay up, or sell it if you can. By all means continue the "please let me out of it" approach, but with the backing idea that even if they do, it's a goodwill gesture on their part. They've no requirement to let you out of it at all.

I wouldn't just not pay - what do they do with their debts? You might get a big scary debt collector coming round to nick your telly or something.

[gopher]

Do you know anyone in the local media? A big, evil, out of town company being horrible to local parent might make a nice bit of soft news.

[Barbara]

Originally Posted by gopher

Do you know anyone in the local media? A big, evil, out of town company being horrible to local parent might make a nice bit of soft news.

As would the angle that the local parent was attempting to con the big, evil, out of town company but instead got bit on the ass because their sales rep was better at the game than she was.

[gopher]

Originally Posted by Barbara

As would the angle that the local parent was attempting to con the big, evil, out of town company but instead got bit on the ass because their sales rep was better at the game than she was.

That's why I asked if she knew someone, rather than just contacting them on-spec. You could hope for a more sympathetic story if you have a friend/acquaintance.